Issue - meetings

Forward Plan Ref: 2013/039

Contact: Stephanie Skivington, Corporate Finance Manager Tel: (01865) 323995

Report by Director for Children’s Services (CMDE5).

The report requests a decision to set up processes to allow the Council to discharge its powers as a charitable trustee under the provisions of the Charities Act 2011 relating to replacing the purposes of unincorporated charities with smaller funds (section 275) and spending the capital of unincorporated charities with smaller funds (section 281), where necessary with a view to closing the relevant trust.

The Council is trustee of a number of small trusts, many relating to schools' prizes or similar with a permanent endowments.  The size of the endowments is such that they only generate a small amount of income each year and the funds of some of these trusts have not been used for a number of years.  In some cases, the purposes for which the funds are required to be used are out of date (for example, relating to schools which no longer exist).

The Charities Act 2011 contains provisions allowing for the trustees of unincorporated charities to replace the purposes and spend the capital of the charities.  These provisions require the making of resolutions.  The report proposes a way by which the Council would make such resolutions where it is a trustee, including with a view to closing the trust.

The Cabinet Member for Education is RECOMMENDED to delegate to the Director for Children, Education and Families, in consultation with the Chief Finance Officer, the power to make resolutions on behalf of the Council pursuant to sections 275 and 281 of the Charities Act 2011 (or any successor provision with the same or substantially similar effect) where the Council is a charitable trustee, including with a view to closing the charitable trust where this is considered appropriate.

Agreed.

to delegate to the Director for Children, Education and Families, in consultation with the Chief Finance Officer, the power to make resolutions on behalf of the Council pursuant to sections 275 and 281 of the Charities Act 2011 (or any successor provision with the same or substantially similar effect) where the Council is a charitable trustee, including with a view to closing the charitable trust where this is considered appropriate.